CHAPTER IV.

BRITISH VESSELS AND VESSELS OF AN ALLY.

38. The Commander should detain any British Vessel which he may meet with trading with the Enemy, unless either:

(1.) He is satisfied that her Master was pursuing such trade in ignorance that war had broken out,1 or (2.) The Vessel is pursuing such trade under a Licence from the British Government.?

39. The Commander should also detain any British Vessel which may be acting in the service of the Enemy by carrying Military Persons or Despatches (a topic which will be more conveniently discussed with reference to Neutral Vessels so acting. See chapter VII.)

What are British Vessels.

40. The Commander will be justified in treating as a British Vessel

1. Any Vessel sailing under a British Flag and Pass. 2. Any Vessel carrying a Certificate of British Registry.

3. Any Vessel owned by a British Subject, as hereinafter defined (see §§ 41, 42).

4. Any Vessel apparently owned by a person having a Neutral Commercial Domicil, if such person has acquired the ownership by a Transfer from a British subject made after the Vessel had started upon the voyage during which she is

met with, and has not yet actually taken possession of her.

5. Any Vessel apparently owned by a person having a Neutral Commercial Domicil, if such person has acquired the ownership by a Transfer from a British subject made at any time during the war, or previous to the war but in contemplation of its breaking out, unless there is satisfactory proof that the Transfer was bonâ fide and complete.1

Who are British Subjects.

41. Any person is a British subject, for the purposes of this Chapter, irrespectively of his Nationality, whose "Commercial Domicil" is British.

42. A "British Commercial Domicil" is ascertainable upon the principles already laid down with reference to an "Enemy Commercial Domicil," supra, Chapter III., §§ 20-30.

43. The Commercial Domicil of the Owner of a Vessel will be ascertained from her Papers-e.g., her Register (if any); or the Builder's Contract, if the Vessel is a new Vessel; or the Bill of Sale, if the Vessel has been lately transferred; or from inquiry from the Master, who is bound to be acquainted with the name and domicil of the Owner.

What is trading with the Enemy.

44. The Commander will be justified in considering a British Vessel as trading with the Enemy

1. If she has commenced her voyage from a Hostile port.

Odin, 1 C. Rob. 250. For the precautions to be observed in ascertaining that an alleged Transfer was bonâ fide and complete, v. supra, § 19 (5), pp. 7-9.

BRITISH VESSELS AND VESSELS OF AN ALLY.

15

2. If during her voyage she has touched at a Hostile
port as a port of call, whether she has actually
taken cargo on board thence or not.1

3. If she commenced her voyage, having a Hostile
port, either certainly or according to contin-
gencies, for her port of destination or port of
call, unless, previous to the time when she is
met with, her Master has definitively aban-
doned the intention to go to a Hostile port.
4. If her real port of destination is Hostile, though
her immediate and apparent port of destination
is Neutral.2

45. A port only in the temporary occupation of the Enemy is not to be considered a Hostile port.3

46. Trading, properly so called, is not necessary to constitute the offence, for which mere intercourse is enough. Thus it will in general be no excuse that the Vessel was chartered to bring back to British Territory British property deposited in the Enemy's Territory before the breaking out of the war, if the Charter-party was entered into with knowledge of the war.1

47. Trading with the Enemy may be lawful when for the benefit of a British Fleet.5

Penalty.

48. The Vessel will be condemned, as will Enemy cargo. Neutral cargo (except Contraband) will be free. The fate of British or Allied cargo will depend on special circumstances.

1 Joseph, 8 Cranch, 454.

2 Jonge Pieter, 4 C. Rob. 83, which case however turns upon the ultimate destination of the cargo, and the absolute prohibition of communication with the Enemy, "direct or indirect." The doctrine of " continuous voyages" will be more fully discussed hereafter with reference to Neutral ships.

3 Gerasimo, 11 Moore P.C. 100.

See the American cases: Rapid, 8 Cranch, 155. Alexander, ib. 169, but see the Ocean, 5 C. Rob. 91, and Dr. Robinson's note to this case.

"Madonna delle Gracie, 4 C. Rob. 195.

Allied Vessels not to trade, &c., with the Enemy.

49. Vessels owned by subjects of an Ally of Great Britain in the war are not at liberty, any more than British Vessels, to trade with the Enemy or to act in his service; and, mutatis mutandis, the observations in this Chapter relative to British Vessels are applicable to Allied Vessels also.1

CHAPTER V.

NEUTRAL VESSELS.

50. The Commander should detain any Neutral Vessel which is engaged in the Carriage of Contraband, is acting in the service of the Enemy by carrying Military Persons or Despatches, or is engaged in Breach of Blockade; unless either:

(1.) He is satisfied that her Master was acting in ignorance that war had broken out; or

(2.) The Vessel is acting under a Licence from the British Government.

What are Neutral Vessels.

51. The Flag and Pass of a Neutral Government are not conclusive in favour of the Neutral character of a Vessel, which depends on her being the property of Neutral Subjects, as hereinafter defined (see §§ 55, 56).

52. A Vessel apparently owned by a Neutral is not really so owned if acquired by a Transfer from an Enemy, or from a British or Allied Subject, made after the Vessel had started on the voyage during which she is met with, and the Transferee has not actually taken possession of her.

1 Ceres, 3 C. Rob. 79. Nayade, 4 C. Rob. 251. Neptunus, 6 C. Rob. 403.

53. A Vessel apparently owned by a Neutral is not really so owned if acquired by a Transfer from an Enemy, or from a British or Allied Subject, made at any time during the war, or previous to the war but in contemplation of its breaking out, unless there is satisfactory proof that the Transfer was bona fide and complete.1

54. If a Vessel appear to belong to a Neutral, and there is evidence that she was formerly a British or Allied Vessel, and was captured by the Enemy, and taken into an Enemy's Port for Adjudication, the Commander, will, in default of direct evidence to the contrary, presume that she has been regularly condemned in the Enemy's Court of Prize, and has thereby become the lawful property of the Neutral.2

Who are Neutral Subjects.

55. Any Person is a Neutral, for the purposes of this Chapter, irrespectively of his Nationality, whose "Commercial Domicil" is Neutral.

56. A "Neutral Commercial Domicil" is ascertained upon the principles already laid down with reference to an Enemy Commercial Domicil." (Supra, Chapter III., §§ 20-30).

66

Odin, 1 C. Rob. 250. For the precautions to be observed in ascertaining that an alleged Transfer was bonâ fide and complete, v. supra, § 19 (5), pp. 7 9. 2 Countess of Lauderdale, 4 C. Rob. 283.